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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3788 OF 2022

(@ SLP(C) No.63 of 2022)

BHARAT KALRA APPELLANT(S)

VERSUS

RAJ KISHAN CHABRA RESPONDENT(S)

O R D E R

Leave granted.

The challenge in the present appeal is to an order passed

by the High Court on 12.08.2021 whereby delay of 193 days in

filing of the written statement was not condoned.

Admittedly, the suit for injunction filed by the

plaintiff is not the one which is governed by the Commercial

Court Act, 2015. Therefore, the time limit for filing of the

written statement under Order VIII Rule 1 of CPC is not

mandatory in view of the judgment of this Court reported as

‘Kailash V. Nankhu & Ors.’ reported in (2005) 4 SCC 480.

In view of the aforesaid judgment, we find that the delay

Signature Not Verified
in filing of the written statement could very well be
Digitally signed by
SWETA BALODI
Date: 2022.05.10
17:10:26 IST
Reason: compensated with costs but denying the benefit of filing of the

written statement is unreasonable.

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Consequently, we allow the present appeal. The order

passed by the High Court is set aside. The written statement

already filed is taken on record.

We do hope that the trial Court shall expedite the

decision of the suit keeping in view the old age of the

plaintiff.

Pending application(s), if any, also stand disposed of.

……………………………………………………J.
[HEMANT GUPTA]

……………………………………………………J.
[V. RAMASUBRAMANIAN]

NEW DELHI;
9th MAY, 2022
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ITEM NO.30 COURT NO.11 SECTION XIV

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 63/2022

(Arising out of impugned final judgment and order dated 12-08-2021

in CMM No. 429/2021 passed by the High Court of Delhi at New Delhi)

BHARAT KALRA Petitioner(s)

VERSUS

RAJ KISHAN CHABRA Respondent(s)

(IA No. 698/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT)

Date : 09-05-2022 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA

HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

For Petitioner(s) Mr. Gaurav Kumar Dalal, Adv.

Mr. Pradeep Teotia, Adv.
Mr. Ashok Bannidinni, AOR

For Respondent(s) Mr. Shrey Ashat, Adv.

Ms. Preetika Mishra, Adv.
Mr. Vikrant Mehta, Adv.
Mr. Sudhir Naagar, AOR

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, also stand disposed of.

(SWETA BALODI) (RENU BALA GAMBHIR)

COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)